PROBLEMS OF LIABILITY FOR DAMAGE CAUSED BY A SOURCE OF INCREASED DANGER
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_283Keywords:
a source of increased danger;, an activity that poses an increased danger to others;, the owner of the source of increased danger; , harm;, object;, responsibility.Abstract
This scientific article describes the possibilities of implementing in law enforcement practice the norms of causing harm by a source of increased danger in the field of civil law. Analyzing the concepts of "a source of increased danger" and "activities that create increased danger to others", the author refers to the conditions of regulation at the level of foreign and national legislation.
The article raises the question of the civil liability of the owner of the source of increased danger. The possibility of applying the concepts of "activity that creates increased danger to others" or "source of increased danger" in other branches of law and the main differences in their distinction and for a more complete study of these concepts, the cases of application of "object theory" and "activity theory" that have developed in science are considered.
The problematic aspects of the correct application in practice of the norms of legislation regulating issues related to sources of increased danger are raised, including the lack of a conceptual apparatus within the framework of this issue, difficulties in unambiguous understanding of texts in Russian and Kazakh, the lack of a complete list of sources of increased danger.
The purpose of the scientific article is to prepare conclusions for further improvement of this issue by scientific analysis of some issues of compensation for damage caused by a source of increased danger.
Paragraph 1 of Article 1 of the Constitution of the Republic of Kazakhstan stipulates that a person and his life, rights and freedoms are the highest value of the country, that the harm caused to these values, in fact, is never fully compensated, including the issue of liability arising from innocence in civil law, that is, causing harm by a source of increased danger, testifies to the scientific relevance of this topic.
Key words: a source of increased danger; an activity that poses an increased danger to others; the owner of the source of increased danger; harm; object; responsibility.